From the Archives: Should the Government Have a Monopoly on Public Health?
A number of years ago, I wrote a question about whether government should have a monopoly on public health. That monopoly is defined by public health agencies replacing consumers, physicians, and other experts on what is safe and effective for drugs and devices.
Today, the Supreme Court will begin taking a look at whether bureaucracies should have a monopoly on deciding what laws mean when Congress has not been specific in their legal instructions to agencies. Forty years ago the Supreme Court gave up an essential check on government power by deciding that courts should give agencies deference to their interpretation of vague Congressional statutes.
Monopolies have the potential to produce poor results, which is why we have checks and balances for government and the Sherman Act for private businesses. If you want to read more about the public health monopoly, look here.